159
159
Apr 20, 2013
04/13
by
CNNW
tv
eye 159
favorite 0
quote 0
there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement last night was commitment by the administration they'll go through normal criminal justice process. we have criminal statutes. >> instead of declaring him enemy combatant. >> i personally think it's absurd to be honest. he's here. he is u.s. citizenship and all of the evidence is necessary and it's an important statement especially after what the city went through to say, yep, now you're just a normal criminal and we're going to put you through the process. this national security exception i agree with tom, we do not know a lot of facts about the motivation and whether they had more plans for people. a lot of
there is no need for miranda warning in this case. >> if they were to read the miranda rights and say you have the right to remain silent, right to attorney, let's say he gets a public defender or another attorney volunteers to help him, you're a graduate of harvard law school. you know the first thing any lawyer will say to his or her client shut up. don't say anything else. >> we'll see. this is going to unfold slowly now. it's important for people to remember the big statement...
945
945
Apr 20, 2013
04/13
by
CNNW
tv
eye 945
favorite 0
quote 0
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably see the rand pauls, the far right come around and defend his rights and vice versa, but this is something that we saw fought over time and time again when george bush was president. ironically, three republican senators or at least the two, mccain and graham were defending the liberal point of view saying don't torture. >> the argument, should the suspect be treated as part of al qaeda and taliban basically. it was authorization for use of force. the question is does it even apply? >> right. >> and will it matter. and then the other question you're going to get to is if we had been warned by t
don't read him his miranda rights, try him as enemy combatant. seeing this already fall on partisan lines in minutes. >> i spoke with susan collins, a republican senator. >> barely. >> even before the suspect -- >> you're not unhappy about that. >> -- had been captured, she said if this person is in some way an american citizen, i do not believe they should be treated as enemy combatant. >> absolutely. when i said it falls on partisan lines, you'll probably...
180
180
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 180
favorite 0
quote 0
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some kind of in this situation, unexploded bombs. it's important for people to understand, this is not the most extreme move. what you get from this is very limited interrogation and on top of that, it has to be directed questions. what does that mean? the questions can only go to minimizing and eliminating the immediate emergency. because that's why you've invoked this exception to the miranda warning which is required by supreme court precedent. but they did carve this out. >> the u.s. government is concerned about any potential new attacks so they want to limit th
no miranda rights were read to the suspect here last night. a justice department official says the bombing suspect won't be read the miranda rights because of a public saflt exception. so what is the next judicial step? let's ask the executive director of the american center for law and justice. good morning. i think a lot of folks are not familiar with this public safety exemption. why invoke that at this time? >> usually it's rare, it would be an instance where there is a gun or some...
648
648
Apr 20, 2013
04/13
by
CNNW
tv
eye 648
favorite 0
quote 0
so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the guru. what he's pointing out is you do not want to mess this up. you don't want to get a confession or information without ma ran diezing him if in fact you cannot later label him as an enemy combatant then anything he says is subject to be so pressed and not in a court of law. go ahead, give him counsel, he's not going to get bond, ma ran diez him and conduct a thorough investigation so everything staunds up when we get him into a court of law. >> okay. there is no state death penalty in massachusetts. so the death penalty off the table in. >> no. don, this is an interesting thing. he is be charged by both fede
so whether or not you read miranda to this man when he wakes up, we know that medically he's unable to talk right now, he still knows he has a right to remain silent. so i'm not sure the enemy combatant label is going to sick. >> enemy combatant, that status is a bad idea. allen dur sho witch told piers morgan that there is no way a person in boston could be tried as an enemy dock bat tant. that's ignorance of the law. who is right here. >> it's too early to tell, but he is the...
28
28
Apr 20, 2013
04/13
by
CNNW
tv
eye 28
favorite 0
quote 0
the government made a mistake by clinging to the public safety miranda, when the police said there is no public safety issue, it's solved and there are no further threats, and the fbi are saying there's enough threats, they should have given him miranda. his kwryouth, and he seems to b influenced by his brother, and he could hold out and try to get a deal if he is prepared to say whether his brother got training in chechnya. he doesn't have very many cards to play. >> graham wants -- >> that's impossible. nobody could be tried as an enemy combatant. couldn't happen. >> in terms of the revelation, you have the two brothers who committed this appalling act, and the younger one in particular seems to have been leading a very regular american life, does that concern you as an american that there may be many more out there? this could be a start of a whole new wave of terror? >> you don't want to be critical of what law enforcement did, they did a phenomenal job, but the fact that one young man can shut down an entire city, and get baseball games postponed, and another young man can say i
the government made a mistake by clinging to the public safety miranda, when the police said there is no public safety issue, it's solved and there are no further threats, and the fbi are saying there's enough threats, they should have given him miranda. his kwryouth, and he seems to b influenced by his brother, and he could hold out and try to get a deal if he is prepared to say whether his brother got training in chechnya. he doesn't have very many cards to play. >> graham wants --...
179
179
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 179
favorite 0
quote 0
the white house decided not to read him miranda rights. he's not getting that. feds are envoking an exception to the rule and already the american civil liberties is slamming that decision . we must not waiver from the tried and true judicial system. we'll break down the complicated legal issuings. criminal defense attorney heather hanson is wherulse. >> you catch somebody who might have left a bomb somewhere . you want to keep them safe and question them right now for the public safety. >> that times passed hasn't it. >> the law was in 1984 . that is what it at that time. since then specifically after the times square bombing in 2010, >> attempted. >> the f.b.i. put out a memo that addresses the terrorist cases that they could expand the time in which they can question a suspect without reading them their rights. the question is how long of a time is there. we don't know the answer. >> was it not the letter of the law. but was it the intent of the law to stop an imminent threat against the people. for instance times square bomber had blown something out there a
the white house decided not to read him miranda rights. he's not getting that. feds are envoking an exception to the rule and already the american civil liberties is slamming that decision . we must not waiver from the tried and true judicial system. we'll break down the complicated legal issuings. criminal defense attorney heather hanson is wherulse. >> you catch somebody who might have left a bomb somewhere . you want to keep them safe and question them right now for the public safety....
261
261
Apr 20, 2013
04/13
by
CNNW
tv
eye 261
favorite 0
quote 0
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exc
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put...
181
181
Apr 20, 2013
04/13
by
FOXNEWSW
tv
eye 181
favorite 0
quote 0
he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously the people elected toine both sides of the road. forming a gauntlet, a makeshift parade as the emergency crews and tactical teams started leaving this location. they cheered for them, came out with patriotic songs. some of the people said they're glad it's over, they're glad that the suspect survived because he can be questioned. they also said that now is the time to remember people like sean collier, the massachusetts institute of technology campus policeman who was killed in the early stages of that frenzy and chase that ensued a day or so ago.
he's now arrested he was not read his miranda rights. federal agents electing, instead, to invoke the public safety threat exemption. th allows them to continue questioning him. meantime, on the other side of the police tape, as everything was happening here, of the celebrations were building. people were huddled around radios, as they got news they wanted to hear, cheers went out from the people of this little town, watertown. and after it was all done, a great cheer went out and spontaneously...
118
118
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 118
favorite 0
quote 0
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say they haven't found any of those either but that's what they want to ask him. and this exception probably begins to expire the moment you invoke it so it's probably no good for more than a day or two but nonetheless they can do that. afterwards they'll have to give him his miranda warning and say whether he'll continue to answer questions. the justice department says even in very serious cases like this, most people in custody do continue to talk. >> pete, who's going to be interrogating this guy? >> well, during this period of the public safety exemption,
it's called the public safety exception to the miranda rule. normally you have to tell someone they have a right to remain silent and if you don't, then you can't use anything they tell you in court. so that's why the miranda warning is given. but there is an exception. you don't have to do it if there's a possible threat to public safety. and here obviously there's a concern about whether there are potential accomplices. investigators say they haven't found any. or other explosives. they say...
120
120
Apr 20, 2013
04/13
by
MSNBCW
tv
eye 120
favorite 0
quote 0
an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and those involved in tracking tsarnaev down. >> americans refused to be terrorized. ultimately, that's what we'll remember from this week. that's what will remain, the stories of heroism and kindness, resolve and resilience, generosity, and love. >> authorities caught up with the suspect after a tip from a watertown resident. he was hiding in a boat parked outside a home. he is now in a boston hospital and nbc's ron allen is joining me from there. ron, with a good afternoon to you, let's get the very latest on his condition. are you getting word from the hospital or are they staying somewhat silent on tha
an obama administration official telling nbc news tsarnaev will not be given a miranda warning when he's physically able to be interrogated after receiving medical treatment. instead, the official says the government will invoke a legal rule known as the public safety exception. that will allow investigators to question tsarnaev without first advising him of his right to remain silent and be afforded legal counsel. president obama used his weekly address today to praise law enforcement and...
717
717
Apr 20, 2013
04/13
by
KPIX
tv
eye 717
favorite 0
quote 0
there's a public safety exception outside of miranda. we almost never see it but we saw it with the underwear bomber from detroit and we see it in this case. >> obviously they want todzhokhar alive, that was a priority. but what kind of condition had he been in? >> he had been shot in the neck and the leg. most likely with the amount of blood the homeowner saw, most likely from the night before. so 20 hours earlier after a fierce battle with the carjacking and the car chase, but throwing homemade grenades and one lard satchel bombs at police officers. so he had been bleeding for a long time. there is a picture we've shown earlier where you see him down on the ground being treated and there's an atf s.w.a.t. member who's a medic who was using an ambu bag to actually assist him in his breathing. you can see from the photo we looked at a moment ago where he's climbing out of the boat under his own power following the command of the hrt team that he was very weak. probably had he not been discovered might not have lived. he's an intelligence
there's a public safety exception outside of miranda. we almost never see it but we saw it with the underwear bomber from detroit and we see it in this case. >> obviously they want todzhokhar alive, that was a priority. but what kind of condition had he been in? >> he had been shot in the neck and the leg. most likely with the amount of blood the homeowner saw, most likely from the night before. so 20 hours earlier after a fierce battle with the carjacking and the car chase, but...